For twenty-nine years, I have owned and managed apartment buildings across Southern California, including throughout Los Angeles and Orange County. During that time, I’ve watched the regulatory landscape become increasingly complex, and also more focused on safety, particularly when it comes to decks, balconies, walkways, and stair systems, now legally defined as Exterior Elevated Elements (EEE).
Long before the state required anything comparable for apartments, I voluntarily began conducting inspections on my properties. I was motivated by two things: the tragedies and lawsuits involving balcony collapses, and the growing regulatory pressure following SB 721 and later SB 326, which first applied to apartments and then to condos and HOAs. These laws made it clear that California is moving steadily toward mandatory structural inspection requirements for all multi-family properties – not just condominiums.
With the introduction of SB 410, which now requires EEE inspections before the sale of any condominium unit, I am confident that apartments, especially older wood-framed buildings, will soon face a similar pre-sale inspection requirement. As a long-time hands-on property manager, I want to share what I have learned from three years of voluntarily performing these inspections.
Why SB 326 and SB 410 Matter to Apartment Owners
SB 326 applies to condominiums and HOAs, requiring structural inspections of balconies, decks, walkways, and stair systems every nine years. SB 410 goes further, requiring an EEE inspection before a condo can be sold. This signals a significant shift in policy.
The message is clear: the state wants verified structural safety, not just maintenance 3Srecords.
Even though apartments fall under a different statute (SB 721), the direction of legislation is obvious: If condo buyers deserve confidence that a balcony will not collapse, and HOAs must confirm structural safety every nine years, then apartment tenants and buyers deserve the same protection.
I fully expect lawmakers will soon require pre-sale inspection compliance and/or more frequent inspection cycles for apartment buildings, particularly those built before the mid-1990s with cantilevered wood-framed balconies and walkways.
For some owners, this may sound like a burden. But after completing multiple deck and walkway inspections, I see these laws not as a threat – but as a wake-up call.
What Years of EEE Inspections Have Taught Me:
- Waterproofing is the First and Last Line of Defense
The number-one issue identified was not design failure – it was waterproofing failure due to neglected maintenance. Even a well-constructed balcony can become unsafe if the waterproof membrane, flashing, or deck coating deteriorates. Water intrusion often begins invisibly, through:
- hairline cracks in deck coatings
- poorly sealed door thresholds
- stucco fractures
- failed caulking at ledger connections
- damaged scuppers or drains
By the first inspection cycle, about 15% of my decks showed early-stage waterproofing failure, which meant water penetration – not yet structural failure, but certainly the beginning of it.
- Rot Is Silent and More Common Than Owners Realize
In several 1970s-1980s buildings, we found internal dry rot despite surfaces looking perfect. No cracks, no stains, and functioning drains – but the plywood subfloor was decaying internally.
Rot evolves silently: water intrusion → mold → fungal growth → weakened structural framing
Once moisture reaches load-bearing members: joists, beams, or support posts – repairs become expensive.
This is why SB 326 and SB 410 emphasize load-bearing components and their associated waterproofing systems: you cannot meaningfully inspect structure without evaluating waterproofing.
- Property Managers Are Not Waterproofing Specialists
Many landlords and managers assume basic maintenance is enough. But elevated elements require knowledge of:
- building science
- moisture behavior in wood structures
- waterproofing systems
- deck coating and flashing design
- structural load paths
A leaking faucet is obvious; a damp deck membrane is not. Without specialized expertise, inspection reports become superficial and dangerous assumptions follow.
What Apartment Owners Should Expect From Future Laws
If upcoming legislation mirrors SB 326 or SB 410, requirements may include:
- Regular inspection cycles for all EEEs—likely every 6–9 years.
- Pre-sale EEE inspection requirements for apartment transactions.
- Mandatory documentation of waterproofing systems and maintenance.
- Proof of repairs before sale or transfer of ownership.
California clearly aims to stop failures before they occur. For older buildings, this means upfront effort, but potentially far lower long-term liability.
Conclusion
After decades in this business, I understand why the state is tightening standards. Most owners are not negligent, but water damage is nearly impossible to detect without trained inspection and proper waterproofing maintenance. Balconies, decks, and elevated walkways are essential structural components. Aging wood cannot survive prolonged moisture exposure.
SB 326 and SB 410 show where the industry is headed. Owners can wait until Sacramento mandates action—or choose to get ahead of the curve.
In my experience, early inspection is always cheaper than emergency repair, and proactive waterproofing is the most cost-effective insurance a landlord can buy.
Michael Malki is CEO of South Coast Deck Inspections (a dba of Malki Construction, Inc. CSLB #1118042). For more information, please visit www.SouthCoastDeckInspections.com or reach out to 657-707-9127 or [email protected].